Assault

ASSAULT LAWYER

If you or your loved one has been charged with any form of Assault, we understand the stress you are going through. We are here to help, no matter what type of assault charge you are facing.

To protect ALL your rights, it is important to consult with a domestic assault lawyer at Lawyer Up immediately as the criminal court system is very complex and penalties for Assault frequently result in lengthy jail sentences.

A conviction for assault could affect your employment and education plans, your family, and create difficulty for future travel abroad, especially the United States. It can seriously affect your Canadian Immigration status and risk of a civil lawsuit for monetary damages. That is why you need a domestic violence lawyer in your corner. We’ll have all the angles covered for you.

TYPES OF ASSAULT

There are several types of assault offences: simple assault, assault causing bodily harm, assault with a weapon, assaulting police, assault while resisting arrest, aggravated assault and sexual assaults.

12 REASONS TO CHOOSE US AS YOUR ASSAULT LAWYER

• We know the Law: We understand the unique differences between all the various assault offences and have the skill to deal with any one of these complex areas. We make sure the legal system works not just for the police and the Crowns but for you !
• We are Fast: We will be in your corner from the first phone call.
• Unique Plan: We will develop with you a unique plan for your case. We will consider all of your personal factors, family, employment,
  immigration, travel and finances.

• We Listen: You can reach us by phone/email anytime.
• Progress Updates: regular progress updates on your case.
• You are Never Alone: We communicate with you. You’ll never be in the dark.
• Peace of Mind: We’ll go to court for you so you don’t have to.
• We Go Above and Beyond to Have your Back: We are in Your Corner and dig deep, working hard and smart leaving no stone unturned to protect your rights using all legal means available.
• Flexible Financial Plans: We’ll work out financial payments that you can manage.
• We See the Big Picture: We’ll protect ALL of your rights. Under Canadian law you are presumed innocent until proven guilty. You are not required to prove your innocence, only raise a reasonable doubt as to your guilt, based on all the evidence before the Court. We try to minimize the negative effects of a conviction and criminal record on you which could expose you to civil actions, risk to employment, education, or travel plans and harm your immigration status.
• One Stop Legal: We can deal with any spin off legal issues including your immigration, employment or any civil actions if needed so you won’t have to find another lawyer. Since we know your case, you’ll save money.
• Our Goal: We aim is to investigate the facts and to negotiate a conviction-free result for you. Our goal is always to help you first to have a conviction-free resolution with NO CRIMINAL RECORD and second, to avoid any jail time, and in the worst scenario, from any harsh sentence.

SIMPLE ASSAULT LAWYER

Simple Assault is the least serious of the assault charge varieties but can still land you in prison for up to 5 years depending on the facts. Typically, these charges are laid when no weapon is involved and no serious injury results. Any non-consensual touching, such as a slap, kick, or punch will qualify as simple assault. Even waiving a finger in a threatening gesture can constitute an assault.

DOMESTIC ASSAULT / DOMESTIC VIOLENCE / INTIMATE PARTNER VIOLENCE LAWYER

Domestic Assault is very draining and emotional on both the accused as your family is being torn apart. In some cases you may just want to move on with your life. We are very serious about our job representing domestic assault cases. We go above and beyond to serve you.

We know that Domestic Assault is treated Very seriously by the Court system (Police, Crowns, and Judges). Charges are rarely dropped or withdrawn by the Crown as lesser assaults even where the evidence may be weak or the victim wishes to drop the charges.

Penalties can include Jail time and probation with many restrictions. Bail Conditions can be very strict, and Children’s Aid is automatically involved if young children are in the home. The Accused will have a no contact provision and will have to move out of the home until the matter is resolved.

We will do our own thorough investigation of the facts, and make all necessary enquiries to establish your innocence and seek to have these charges withdrawn or reduced to simple assault or to negotiate an Alternative Measures result that would avoid any record or jail time.

We will work with you to ensure that you attend the necessary counselling and therapy so that we can demonstrate to the Court that you understand the underlying issues and seriousness of domestic violence and have addressed any underlying addiction and/or mental health issues.

ASSAULT CAUSING BODILY HARM LAWYER

This charge is a higher grade than simple assault and has more serious penalties. To make out a charge the bodily harm there must be more than a temporary bruise or scratch. Bodily Harm It is not defined in the Criminal Code and is determined by the facts and law in each particular case. It has been interpreted to be any injury from the application of physical force that adversely interferes with the health and comfort of the person, including psychological harm, and is more than merely transient or trifling in nature. Beatings, resulting in lacerations, fractures, and severe discomfort, medical or hospital treatments would attract this type of charge.

ASSAULT WITH A WEAPON LAWYER / ASSAULT CAUSING BODILY HARM LAWYER

These offences occur when there is an actual or threatened application of force against another with a weapon or imitation thereof or where it is carried or used and causes bodily harm to a victim or the person chokes, suffocates or strangles a complainant. Sentences are up to 10 years.

AGGRAVATED ASSAULT LAWYER

Aggravated Assault is a very serious indictable offence and occurs when the assault either wounds, maims, disfigures or endangers the life of another, It is typical to be sentenced to jail on most aggravated assault convictions due to the nature of the offence and the need for both general and specific deterrence. Penalties for Aggravated Assault are generally greater than for Assault Bodily Harm, and can be as high as 14 years.

All defences available in simple assault are available in a charge of aggravated assault. The diagnosis of PTSD can play an important role in determining the outcome of an aggravated assault charge. In defending you we will bring out all defences in your favour and although provocation is not a defence, it will be argued as a mitigating circumstance, along with any bullying, intoxication, and your prospects for rehabilitation and other good factors in your favour.

ASSAULT POLICE LAWYER / RESIST ARREST LAWYER

Assault Police occurs when an assault is made on a peace officer, or anyone assisting them, in the performance of their duties . If the assault in the course of an arrest the Resist arrest charge is laid. Penalties for both range up to a maximum of 5 years imprisonment in the worst cases. The courts are very prone to hand out jail sentences for convictions in these cases as they seek to protect officers in carrying out lawful duties.

We seek to have these charges withdrawn or dismissed by showing that the charges were laid without any foundation. Many accused face an excessive number of charges by police or exaggeration of facts of a purported assault or simply because an accused was difficult at the time of arrest, or was biased in some way towards the accused by being aware of their record or the nature of the offence. If an accused has been injured, often the police may lay an assault police charge to justify the use of force.

UTTERING THREATS/ UTTERING DEATH THREATS / UTTERING THREATS CAUSING BODILY HARM LAWYER

This charge is laid when a person knowingly utters, conveys or causes anyone to receive a threat to cause death or bodily harm to any person or threatens to burn, destroy or damage real or personal property or to kill, poison or injure an animal or bird that is the property of any person. Depending on the facts maximum sentences can range from a maximum of 2 years less a day up to 5 year jail time and fines on top.

Death threat charges are common as people can become highly emotional and say things in the heat of the moment but have no real intention to carry out these threats.

Fortunately, there are many good defences to these charges. Every case is unique and we dig deep to look at all the relevant factors, including whether the accused or their loved ones were under any extreme life stresses or conditions at the time. With our skill we aim to have these charges withdrawn or negotiate a peace bond or other resolution that results in no criminal record.

INTIMIDATION LAWYER

An Intimidation charge is laid when you wrongfully compel or prevent anyone from doing something that they have a lawful right to by the use of violence or threats of violence, directed towards the person, or their family or property. It also includes persistently following a person or to beset or watch the place where a person resides, works, carries on business or happens to be.

If you have been charged with Intimidation under Section 423(1) of the Criminal Code you should contact us immediately as Intimidation is a very serious Criminal Code charge carrying a maximum penalty of up to 5 years imprisonment.

We know how to beat these charges and how to make it difficult for the Crown to prove the guilt beyond a reasonable doubt.

SEXUAL ASSAULT / AGGRAVATED SEXUAL ASSAULT LAWYER

Sexual Assault occurs when the assault is sexual in nature and violates the sexual integrity of the victim with unwanted sexual touching. This is a complex area with a wide range of offences. Four common types of sexual offences: Sexual Assault, Sexual Assault with a Weapon, Sexual Assault Causing Bodily Harm, Aggravated Sexual Assault. Each type requires different issues to be addressed and a different case plan.

Aggravated Sexual Assault charges are laid when a victim of sexual assault is wounded, suffers disfigurement or maiming, or is put in a life-threatening situation during the attack. In that case, this form of assault can be deemed to be aggravated sexual assault. Convictions under this category generally will lend the victim up in jail for several years or more.

Sexual Assaults are an area of the law that is constantly evolving and very complex and you need a sexual assault lawyer who understands the rules and complex penalties, special procedures, and unique challenges to ensure publication bans and maintaining your privacy. We go to court for you to take the stress from you. Sentences can go up to 10 years plus a listing on a sexual offender registry having many negative consequences on your future. We will do our best to ensure you receive fair treatment throughout and that any allegations are vigorously defended by tough cross-examination and by seeking victim’s records.